PLEASE READ THESE TERMS AND CONDITIONS THAT APPLY TO THE USE OF OUR SITE
1. TERMS OF WEBSITE USE
1.1.1. our website - www.pocketqs.com (including login facility and database; and/or
1.1.2. any of our social network sites;
(our website and social network sites collectively referred to as "our site")
1.1.3. our application ("Application"),
whether as a guest or a User. Use of our site and Application includes accessing, browsing, or registering to use our Services.
2. OTHER APPLICABLE TERMS
2.1.2. our Acceptable Use Policy, which sets out the policy and conditions when you want to upload content to our site or Application.
3. INFORMATION ABOUT US
3.1. http://www.pocketqs.com is an internet site and the PocketQS Platform is operated by Intellibuild (Pty) Limited ("we", "us", "our").
3.2. We are:-
3.2.1. registered in the Republic of South Africa under company number 2001/003543/23;
3.2.2. have our registered office and main trading address at 123 Joubert St,
Parow, Cape Town, 7501, South Africa ("Premises").
3.2.3. our VAT number is 436 020 5050.
3.3. For more information about Us, kindly click here www.intellibuild.co.za
4. CHANGES TO THESE TERMS
4.2. The amendments will be applicable when published on our site or Application.
5. CHANGES TO OUR SITE AND APPLICATION
5.1. We may update our site or Application from time to time, and may change the content at any time. However, please note that any of the content on our site or Application may be out of date at any given time, and we are under no obligation to update it.
5.2. We do not guarantee that our site or Application, or any content on it, will be free from errors or omissions.
6. ACCESSING OUR SITE AND APPLICATION
6.1. Access to our site and Application is made available free of charge. Applicable fees in terms of our Services will be addressed in the applicable Terms of Service
6.2. We do not guarantee that our site or Application, or any content on it, will always be available or be uninterrupted. Access to our site or Application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site or Application (including but not limited to the Services) without notice. We will not be liable to you if for any reason our site or Application is unavailable at any time or for any period.
6.3. You are responsible for making all arrangements necessary for you to have access to our site and Services, including but not limited to mobile data and the costs associated with it. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
6.5. our site and Application is directed to people residing in the Republic of South Africa. we do not represent that content available on or through our site or Application are appropriate or available in other locations. We may limit the availability of our site or Application or any Service described on our site to any person or geographic area at any time. If you choose to access our site from outside the Republic of South Africa, you do so at your own risk.
7. RIGHTS GRANTED TO YOU
7.1.1. access and use our site solely in connection with your use of the Services; and
7.1.2. access and use any content, information and related materials that may be made available on our site and through the Services, in each case solely for your personal, non-commercial use.
7.2. Any rights not expressly granted herein are reserved by us and our licensors.
7.3. Use of our Application: The EULA that you have agreed to during the download of the Application will apply.
8. PROHIBITED USES
You may not use our site or Services:
8.1. In any way that breaches any applicable local, national or international law or regulation.
8.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
8.3. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
8.4. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.5. to access without authority, interfere with, damage or disrupt and part of our site or the equipment or network on which the site is stored.
You may further not:
8.6. remove any copyright, trademark or other proprietary notices from any portion of our site or the Services;
8.7. to copy our site except where such copying is incidental to normal use of our site or where it is necessary for the purpose of back-up or operational security;
8.8. reproduce, copy (direct or in-direct), modify, adapt, translate, reproduce, merge, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our site or the Services (or any part thereof);
8.9. decompile, reverse engineer or disassemble our site or the Services except as may be permitted by applicable law;
8.10. mirror, data mine, frame or cache any portion of our site or Services;
8.11. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or our site; or
8.12. design or develop a competitive or substantially similar site or Services;
8.13. attempt to gain unauthorized access to or impair any aspect of our site, or the Services or its related systems, databases or networks.
9. SERVICE ACCOUNT
To utilise our Services you will be required to register with us. Prior to registration our Terms of Service will be made available to you, which will apply in terms of the Services (including management of your service account).
10. INTELLECTUAL PROPERTY RIGHTS
10.1. We are the owners and/or rightful licensees of all Intellectual Property Rights in our site and Services (including but not limited to content, information and material available under the Services (Content)), and in the material published on it and in terms of our Services. Those works are protected by local and international laws and treaties around the world. All such rights are reserved.
10.2. You may copy, and may download extracts, of any page(s) from our site for your personal use and to determine whether you want to utilise our Services or not. You may draw the attention of others to content posted on our site or by sharing same via social networks or other means available.
10.3. You must not modify the copies of any Content materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours.
10.4.1. in or related to our site, Application or the Services except for the limited license granted under paragraph 7 above or as per the Application EULA; or
10.4.2. to use or reference in any manner our business names, service names, logos, trademarks or services marks or those of our licensors (registered or un-registered).
10.5. If you feel that any of your copyright or the copyright of any third party may have been infringed, then a claim of such infringement should be sent to us on email@example.com.
11. LIMITATION OF OUR LIABILITY
11.1. OUR SITE, APPLICATION AND SERVICES ARE PROVIDED "AS-IS" AND ON AN "AS-AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE; APPLICATION OR ANY CONTENT ON IT OR OUR SERVICES, WHETHER EXPRESS OR IMPLIED. IN ADDITION, WE MAKE NO REPRESENTATION, GUARNATEE OR WARRANTY REGARDING THE TIMELINESS, QUALITY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF OUR SITE, APPLICATION OR ANY GODS OR SERVICES REQUESTED THROUGH THE USE OF OUR SERVICES, OR THAT THE USE OF OUR SITE, APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR SITE, APPLICATION AND SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
11.2. IT IS IN YOUR SOLE DISCRETION TO USE OUR SITE, APPLICATION AND SERVICES AND THEREFORE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE, OUR DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS PROFITS, USE OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONNECTION WITH, OR OTHERWISE RESULTING FROM (I) THE USE OR THE INABILITY TO USE OUR SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE EQIUPMENT/GOODS AND SERVICES RESULTING FROM ANY EQUIPMENT/GOODS, DATA, INFORMATION OR SERVICES RENTED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY VIA OUR SERVICES OR ON OUR SITE; (V) RESULTS OF OUR SERVICES, ANY WEBSITES LINKED TO OUR SITE AND ANY MATERIALS POSTED ON IT; (VI) FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL; OR (VI) ANY OTHER MATTER RELATING TO OUR SITE AND SERVICES.
11.3. THE LIMITATIONS AND DISCLAIMER IN THIS PARAGRAPH 12 DO NOT LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
11.4. We assume no responsibility for the content of websites linked on our site or Application. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11.5. Different limitations and exclusions of liability may apply to liability arising as a result of the supply of Services by us to you, which will be set out in our Terms of Services.
12.1. Although we are not obliged to provide security on the our site or Application we feel it is important that your information or any communication between us is dealt with in the most secure manner reasonable possible, however because of the nature of the internet we cannot warrantee that your communications with us via the site is completely secure;
12.2. To provide adequate security to all users of the site and to monitor activities prohibited under section 86 of the ECT Act you hereby agree to our right to intercept, monitor, block, read, delete or accesses all data sent to the site or platform via our Application or any other PocketQS communication facility, e.g. email, Instant messaging - or fax to email application, subject to conditions as set out under the RIC Act;
12.3. It is our policy to virus check documents and files before they are posted on a site. However, we cannot guarantee that documents or files downloaded from the site will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using or site or Application. Further, you will not post or provide to us via the site or Application, any document or file that may contain a virus. You must virus check any document or file which you intend to post or provide to us via our site or Application.
13. LINKING TO OUR SITE
13.1. You may link to our site, but only to the home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists or a link to our site in any website that is not owned by you.
13.3. our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
13.4. We reserve the right to withdraw linking permission without notice.
13.5. The website in which you are linking must comply in all respects with our Acceptable Use Policy.
14. THIRD PARTY SERVICES, CONTENT AND LINKS IN OUR SITE AND APPLICATION
14.2. In terms of a third party uploading examples and content related to the Services, we request and try to guide the third parties to ensure that the content they/he/she uploads to our Services comply with our Acceptable Use Policy and are a true reflection of the actual product/services available from them, however we have no control over the contents of the content owner / third party uploads or resources or any third party sites or resources (including but not limited to their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof) and make no warranties about them. You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
15. BREACH, SUSPENSION & TERMINATION
15.3. All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
15.4. No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
15.5. Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.
16. APPLICABLE LAW & JURISDICTION
16.2. Kindly take note: No term, condition and/or provision of these terms and conditions is intended to limit your, as the case may be, right to settle a dispute concerning the CPA (to the extent applicable) using the mechanisms provided for therein.
17. ELECTRONIC COMMUNICATIONS & CONTRACT BETWEEN US
17.1. Data Messages sent from us to you have been sent from the PocketQS Premises;
17.2. A Data Message is deemed to be sent:-
17.2.1. By us, at the time shown on the message as having been sent, or if not so shown, at the time shown on our information system as having been sent;
17.2.2. By you, at the time when we confirm receipt thereof.
17.3. A data message is deemed to be received:-
17.3.1. By us: only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement further does not give legal effect to that message, unless specifically indicated by us that it does give legal effect to the Data Message;
17.3.2. By you: once it enters your information system.
17.5. Attribution of Data Messages to originator you agree and warrant that the Data Message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.
17.6. Expression of intent - use of our site and Application: For purposes of electronic communications between you and us no electronic signature is required; the mere sending of a Data Messages or browsing of our site(s) demonstrates your intent to be a party to this agreement or our Terms of Services subsequent to registration.
18. CONTACT US
18.1. In terms of our site(s) or Application (functionality or any recommendations) you can send us an email to firstname.lastname@example.org.
18.2. In terms of our Services / customer services: please use the contact information as per our Contact Us page.
18.3. For complaints: it is important to us that you are satisfied with our Services. Please contact us first if you have a complaint or any other services issue. You can use the contact information as per our Contact Us page. Please ask for reference number if you speak to any of our representatives;
18.4. For any legal documentation or notices (hopefully this will never be required) we select the following address:
18.4.1. Physical address: our Premises
18.4.2. Email: email@example.com (heading: "Legal")
18.4.3. (Marked for the attention of: Managing Director (Legal))
18.5. If it is required to send you any legal document or notice you agree that we can send it via electronic mail to your email address in your Service Account, or by written communication sent by registered post to your address in your Service Account or if delivery to the aforesaid addresses is not successful then such contact details we may find about you on the internet.
18.6. Any notice to either party which is -
i) sent by prepaid registered post in a correctly addressed envelope to the address specified for it under clause19.4.1 above shall be deemed to have been received, unless the contrary is proved, within 10 (ten) days from the date on which it was posted; or
ii) delivered to the party by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
iii) sent by a Data Message to the addressee shall be deemed to be received as per clause 18.3.
18.7. Notwithstanding anything to the contrary herein, a written notice actually received by a party, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to its chosen address.
19.1. CPA: the Consumer Protection Act 68 of 2008;
19.2. Data Message: as defined under the ECT Act;
19.3. ECT Act: means the Electronic Communications and Transactions Act 2002;
19.4. Intellectual Property Rights: means concepts, know-how, data processing techniques, copyrights, patents, designs (including look and feel of our site or Application), inventions, trademarks, which are created, invented and/or developed, registered or unregistered;
19.5. PocketQS Platform: the software program / information technology platform made available by Us to you via our website login facility or Application to utilise our Services available to you.
19.6. RIC Act: Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;
19.7. Services: the services to enable you to work on projects and acquire the necessary Goods or Services for such projects from appropriate Service Providers, which services are available and accessible through our site and the Application.
19.8. Users: means unregistered and registered users of our site. In terms of registered users it includes an individual, contractor, merchant or professional.